If you are a borrower and you are facing a foreclosure, we encourage you to contact KatzLaw immediately. As a premier real estate firm, we can provide effective solutions to your foreclosure, which includes filing a lawsuit in state or federal court. An effective attorney is necessary to defend your foreclosure litigation, as a mistake in retaining an attorney can result in the loss of your home. The Founder of KatzLaw has represented mortgage lenders in a significant amount of foreclosure-related lawsuits, which means that we know the arguments that the other side will make, and we know the necessary steps that must be taken to prevent a wrongful foreclosure.
Specifically, we encourage you to contact our office at (844) KATZ-LAW immediately after receiving the first notice that the lender intends to foreclose on your home. After our attorneys assess the facts of your individual case, we will determine the next best course of action. If a lawsuit is the most effective solution to your case, there may be many potential causes of action. Some of these include:
- Claims under the California Homeowner’s Bill of Rights– California has enacted laws that prevent lenders from proceeding with a foreclosure while loan modification negotiations are in place. If a Single Point of Contact in charge of your loan modification application is not assigned, or if the lender did not comply with notice requirements, a loan modification application is reviewed in bad faith.
- Claims under the Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code § 1788 et. seq.)– California has enacted laws that prevent a mortgage servicer or lender from calling a borrower in an attempt to collect on the loan when they are not supposed to. In fact, there are laws restricting when these calls may be made, laws preventing a lender from collecting more than is owed on the loan, and laws preventing the lender from calling the borrower’s relatives.
- Negligence– A claim for negligence can be brought if a lender or a mortgage servicer breached a duty owed to you as the borrower. For example, a negligence claim may arise if the lender tells you that your loan modification documents were lost, or never received, or that you qualified for a modification but later mandates that you must apply again.
- Breach of Contract– A claim for breach of contract may arise if the mortgage lender or servicer did not comply with the terms of your contract. For example, if the lender or servicer fails to perform under the terms of your previous loan modification agreement, you may be entitled to recover under a breach of contract claim.
- Laws Preventing Predatory Lending– Predatory mortgage lending can occur when a borrower obtains a loan with a high interest rate, a loan with a negative amortization loan structure where the principal balance remains high despite payments made towards it, or where a loan is given to an elderly or foreign-speaker borrower who does not understand the terms of the loan.
During our FREE consultation, the attorneys at KatzLaw will review your loan documents, and any other written correspondence you had with your mortgage lender or servicer, and determine if you have a case. After a thorough review of this information, and once we identify all violations, KatzLaw will file a lawsuit against the lender if litigation is the best course of action. Our attorneys will then begin negotiations and settlement discussions with the lender’s attorneys, attempting to resolve the dispute while keeping your best interests as our number one priority. Said resolution can include cancellation of the pending foreclosure sale, monetary damages, and/or a loan modification. To schedule an appointment with an attorney at KatzLaw, call! us at (844) KATZ-LAW, or email us at [email protected]!